Legal Opinion
Town of Mebane v. Iowa Mutual Insurance
Court of Appeals of North Carolina
Decided December 17, 1975No. 7515SC534PublishedCited by 9 opinions
1Opinion of the Court
ARNOLD, Judge.
This case presents the troublesome question of when an attorney may testify on behalf of a client and not withdraw as trial counsel. The weight of authority in this country is that while it is a breach of professional ethics for an attorney for a party to testify as to matters other than formal matters without withdrawing from the litigation, he is not incompetent so to testify. The testimony is admissible if otherwise competent. 118A.L.R. 954 (1939).
The Supreme Court of North Carolina has historically discouraged the practice of attorneys testifying on behalf of clients, and…
2Cases cited5 opinions
- Carolina-Virginia Coastal Highway v. Coastal Turnpike AuthoritySupreme Court of North Carolina · 1953
- Foster v. North Carolina Medical Care CommissionSupreme Court of North Carolina · 1973
- Hicks Ex Rel. Mitchell v. Home Security Life InsuranceSupreme Court of North Carolina · 1946
- In Re the Will of KempSupreme Court of North Carolina · 1953
- State Ex Rel. County Trustee of Brunswick v. WoodsideSupreme Court of North Carolina · 1849
3Cited by9 opinions
- State v. NelsonSupreme Court of North Carolina · 1979
- Cullen v. Valley Forge Life InsuranceCourt of Appeals of North Carolina · 2003
- Akzona, Inc. v. American Credit Indemnity Co.Court of Appeals of North Carolina · 1984
- Harris & Hilton, P.A. v. RassetteCourt of Appeals of North Carolina · 2017
- Heard v. Foxshire Associates, LLCCourt of Special Appeals of Maryland · 2002
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